Disposed

P.C.Premachandran v. the State of Kerala

Kerala HC14 Jun 2023Crl.MC/1308/2014

Case brief

AI extract

What is this about?

On a Criminal Misc. Case challenging a final report, the High Court noted the trial was unduly protracted due to absent witnesses. It directed the trial court to complete the trial and render judgment within three months based on available witnesses only.

What did the court decide?

Directed the Judicial First Class Magistrate, Payyannur to complete the trial and render judgment in C.C. No.386 of 2011 within three months.

P.C.Premachandran Vs the State of Kerala — Criminal Trial and Appeal | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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WEDNESDAY, THE 14TH DAY OF JUNE 2023 / 24TH JYAISHTA, 1945

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CRL.MC NO. 1308 OF 2014

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AGAINST THE ORDER/JUDGMENT CC 386/2011 OF JUDICIAL MAGISTRATE

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OF FIRST CLASS ,PAYYANNUR

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PETITIONER/ACCUSED

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P.C.PREMACHANDRAN

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PUTHIYAURAYIL HOUSE, KODIYERI AMSOM, P.O.PARAL
THALASSERY.

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BY ADV SMT.K.DEEPA (PAYYANUR)

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RESPONDENT/COMPLAINANT AND STATE:

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THE STATE OF KERALA

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REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA
ERNAKULAM- 682 031.

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OTHER PRESENT:

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SR.PP.RENJITH GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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14.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C No.1308 of 2014

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ORDER

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Dated this the 14^th day of June, 2023

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This Crl.M.C. is filed, challenging Annexure-IV Final Report in Crime No.239 of 2006 registered at the Payyannur Police Station, now pending as C.C No.386 of 2011 of the Judicial First Class Magistrate Court, Payyannur.

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It is informed that, even though the trial has commenced, it is being unduly protracted since some of the witnesses are not appearing despite issuance of summons and initiation of coercive proceedings.

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The crime being of the year 2006, there is no justification in prolonging the trial any further due to the non- appearance of witnesses. Therefore, if the prosecution does not give up those witnesses, the court should proceed with the available witnesses. It is also pertinent to note that, in C.C. No.777 of 2007, based on the very same allegation, the accused was acquitted.

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The Crl.M.C is hence disposed of, directing the Judicial

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Crl.M.C No.1308 of 2014

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First Class Magistrate, Payyannur to complete the trial and render judgment in C.C. No.386 of 2011, within three months of receipt of a copy of this judgment.

Sd/-

smm

V.G.ARUN, JUDGE

Crl.M.C No.1308 of 2014

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APPENDIX OF CRL.MC 1308/2014

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PETITIONER EXHIBITS

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ANNX.I-
TRUE COPY OF THE FIR IN CC 386/2011 OF
THE JFCM, PAYYANUR.

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ANNX.II -
 TRUE COPY OF THE FIS IN CC. 386/2011
OF THE JFCM, PAYYANUR

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ANNX.III -
TRUE COPY OF THE STATEMENT OF CW8,
BABU SURESH IN CC 386/2011 OF THE
JFCM, PAYYANUR

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ANNX.IV -

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 TRUE COPY OF THE CHARGE SHEET IN CC
386/2011 OF THE JFCM, PAYYANUR

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ANNX.V -

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TRUE COPY OF THE COMPLAINT FILED BY
CW8 AS CC 777/2007 BEFORE THE JFCM
PAYYANUR

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ANNX.VI -

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CERTIFIED COPY OF THE JUDGMENT IN CC
777/2007 DATED 30-11-2011 OF THE JFCM,
PAYYANUR.

P.C.Premachandran v. the State of Kerala

Case brief

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P.C.Premachandran v. the State of Kerala

Case brief

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